Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 29, 1914)
THE 3IORXIXG- OREGONIAX, TUESDAY, DECEMBER 20, 1914. APPEAL IS GRANTED TO LEO M. FRANK Indefinite Stay Is Result of Ruling by Supreme Court Justice Lamar. NEW QUESTIONS ARE FOUND State of Georgia May Lose Power Again to Indict and Try Man Convicted of Murder and Sen tenced to Be Hanged. WASHINGTON. Dec. 28. Justice Lamar, of the Supreme Court, today granted an appeal from the refusal of the Federal District Court for North. ern Georgia to release on habeas corpus proceedings Leo M. Frank, under death sentence for the murder of Mary Phagan a 15-year-old factory girl of Atlanta, Ga. Fmnk is sentenced to die January . 22. but Justice Lamar's action effects an indefinite stay of execution. Thirty days are' given for filing the record of the proceedings in the lower court. Immediately after that has been done, the State of Georgia may ask that the case be advanced for hearing and such suggestions are generally granted, although in the regular course the case would not come up for a year and a half. The entire court will pass on Frank's right to seek release from custody on a writ of habeas corpus on the ground that the trial court in Fulton County, Georgia, lost Jurisdiction over him by its failure to have him present when the jury returned its verdict of guilty. State May Lose Case. Should the court decide he was en titled to ask for the writ, thus revers ing Judge Newman of the lower court, the case may be remanded to the Dis trict Court for the taking of evidence in support of the petition. Should it eventually be held that Frank must be released from custody, it is said, a mooted question may arise as to the power of the state to indict and try him a second time. This was the second time Frank's fate had rested in Justice Lamar's hands. After the Georgia Supreme Court had declined to set aside the .verdict of conviction, Justice Lamar was asked to issue a writ of error for the Supreme Court to review the case. He declined on the ground that no Federal question was presented, inas much as questions of procedure were lor the states to decide. Other mem bers of the court took the same ground. Applications then was made in the Georgia Federal Court for Frank's re lease on a writ of habeas corpus. Judge Newman held the condemned man was not entitled to the writ and refused to grant an appeal to the Supreme Court Irom his decision, because he was un willing to issue a certificate of "prob able cause" aa required by a Federal statute. Unsettled Qneationa Found. Justice Lamar was then asked to grant the appeal and issued the certi ficate. In announcing his decision to day the Justice said he had found that several questions of Federal law, un settled by the Supreme Court, existed in the case, giving rise to 'probable cause" for the appeal. These questions were whether the Federal Constitution required an ac cused to be present when a verdict was returned against him in a state court: the effect of the accused not raising the point or his absence on a motion for a new trial, and the effect of the bupreme Courts own action in refus . ing 10 gram me writ 01 error in a case where an alleged jurisdictional question was presented in a motion iiled at a time not authorized by the practice of tho state where the trial took place. CITIES GRIPPED BY CRIME Hoquiam and Aberdeen Victims of Xtobberies and Street lights. rrOQUlAM, Wash., Dec. 28. (Special.) The worst wave of crime which lloquiam and Aberdeen have experi enced in a number of years has come n-ith the Christmas holidays, and for the past week not a night has passed without a burglary, holdup or street fight in. which knives or revolvers were used. Several homes have been burglarized one store in Aberdeen was held up last night and a number -at men have been robbed. The most serious fight oc curred in Uoquiam Christmas night, -when -a party of Greeks and another of Finns clashed. Several shots were fired and a Finn received a bullet wound in the back. Knives and clubs also were wielded and two Greeks are in the hos pita, badly beaten up. from the British Minister at Panama clarify the situation as to the use of wireless by British colliers in Canal Zone waters. In regard to the alleged unneutral use of wireless recently, it is said the British collier Protesilaus, while in the canal waters, received a radio message from outside the three-mile limit. The collier's captain did not undertake to reply to the message, which was di rected to the British Consul at Pan ama, but endeavored to forward it to the Consul through the American port captain, who refused to transmit the message and caused the wireless ap paratus of the Protesilaus to be sealed until she departed from the zone. It appeared that the captain of the Protesilaus had not received official in formation of the new regulations pro hibiting the use of radio outfits in the" canal, except upon canal business, but notwithstanding that, the British au thorities concede the attempt to use the wireless was improper and therefore WOMEN HELP BELGIANS Baker Committee Gets Donations for Itelief Ship From Portland. BAKER. Or.. Dec. 28. (Special.) Baker women today started the collec tion of funds for the Belgian relief ship which is to leave Portland next in o nth." They met with a ready response, the donors giving large quantities of flour. sugar, canned goods and other non- perishable foods for the people of war stricken Belgium. - There were also many donations of cash and these are being expended in Baker for provsions to be sent as part of Baker's ship went The Baker Commercial Club is backing the movement and has ob tained some large donations and these are now being augmented by the work of the BaKer women, who report sue cess beyond their expectations. Leo M". Frank, Defendant in Fn . mom Atlanta Murder Case, Who Gets Appeal to Supreme Court on Habeas Corpus Petition, the incident was regarded as closed by report of the facts today to the State and Navy Departments. One immediate result of the incident was to send American naval vessels to the Canal Zone to safeguard neutrality. J. H. TEAL MAY GET JOB PORTLAND MAN AMONG ELIGIBLES FOR COMMISSION POSITIONS. President Wilson Said to Have Nar rowed List of 300 Down to Few. Governor West Mentioned. WASHINGTON, Dec 28. President Wilson expects to send to the Senate this week nominations of the five mem bers of the Federal Trade Commission. It was said at the White House to- day that while he has not finally chosen the commission, he has nar rowed his list of eligibles down from 300 to a few men. Among the men whom the President is understood to be now considering are Governor West, of Oregon; Joseph E. Davies, Commissioner of Corpora- tions; Albert D. Nortonia, St. Louis lawyer and former Progressive candi date for Governor of Missouri; Henry J. Waters, president of the Kansas State Agricultural College: George F. Peabody, a New York banker and busi ness man; Edward N. Hurley, of Chi cago, president of the Illinois Manu facturers' Association and an expert on foreign trade, particularly in South America; former Attorney-General Thomas S. Felder, of Georgie; former Governor Ansel, of South Carolina, and Governor Hodges, of Kansas. Among others under consideration are Joseph N. Teal, of Portland. Or.. who has figured prominently in several Important cases before the Interstate Commerce Commission, and Georgo JtiuDie, or New Hampshire, who took an active part in framing the trade com mission bill. Director ,of the Census Harris, who is from' Georgia, also has been talked of. but many Democratic leaders prefer to see him remain in his present position. "I know absolutely nothing about it." said J. N. Teal last nltrht when in formed that ho is being considered for appointment to the Trades Commission. jno. i won't say whether I will ac cept or not. I have not been offered the place, and I learned long ago not to refuse or accept anything that has not Deen orrerea me.- Governor Not Applicant, He Says. SAT ,"Rf fir Tr r!w..- ttt.-. aeciarea tonight that he is not an appli cant ior a piace on me Trade Commission. JAIL ORDER IS REVERSED II. Syrerson's Bail Set at $3000 by Supreme Court. CHEHALIS. Wash., Dec 28. (Spe cial.) The Washington Supreme Court at Olympia today ordered H. Syver son admitted to $3000 bail. Judge D. H. Wright, of Pacific County, had refused to allow Syver son to give bail. The latter, who is a well-known lumberman, is in the County Jail here, his incarceration be ing due to failure to satisfy a $20,000 judgment obtained against him by an Adna girl some months ago. PLEDGE BROKEN ALLEGED Col nmbia County Kecallers Accuse State Highway Engineer. ST. HELENS. Or.. Dec. 28. (Spe cial.) Taxpayers who brought about the recall of the County Court recently accuse Major Bowlby, State Highway engineer, of breaking his pledges to them. At the time of the recall elec tion it was said that a promise had been made to take over the road to be constructed west of the track from Scappoose to Warren, hardsurf ace it and maintain it as a state road. A recent letter from Major Bowlbv. it is said, informs the taxpayers that they can expect the same treatment as those of other counties that have voted bond issues and that they might get three or four miles of hardsurfac- ing next year. The Columbia County Taxpayers' League at a meeting tomorrow will hear a report from a committee that has been going over the records of highway construction In the county. MAN DIES FROM EXPOSURE Oscar Carlson, Homesteader Xcar Hamilton Creek, Perishes. LEBANON, Or.. Dec. 28 (Special.) Oscar Carlson, a homesteader on the headwaters of Hamilton Creek about 15 miles east of Lebanon, was found dead Christmas day about six miles from his mountain cabin. He had evi dently been dead for more than a week. He had been absent from his mountain home for nearly two weeks. A searching party found his body in the snow within 100 feet of a trail which he missed, as his tracks circled near it. VIOLATION IS EXPLAINED English Ship Did Xot Know Wireless Rules for Canal Zone, Is Plea. WASHINGTON, Dec. 28. Additional reports to the British Embassy today CANADIAN SOLDIERS SHOOT AMERICANS Alleged Violation of Game Laws Results in Death to One Hunter. will be published as supplements to tho Commercial Report. E. A. Brand, assistant chief of the bureau, who returned today from an extended tour of inspection of the eight new branch offices of the bureau, re ported that the branches were meeting with a cordial reception from business houses and were working to full capacity in co-operation with mer chants and manufacturers. The branch offices are located at New Tork. Boston. Chicago, St. Louis. Seat tle, San Francisco. Atlanta and New Orleans. This gives two offices to each geographical division of the country and no extension is contemplated dur ing the present fiscal year. FORT ERIE REGRET DEEP Army Men, Sent to Aid Provincial Officer, Assert Americans Shoot ing Ducks Out of Season, De clare 3Ien Ordered Ashore. BUFFALO, N. T., Dec 28. Walter Smith and Charles Dorsch, American hunters, were shot by Canadian soldiers on the Niagara River near Fort Erie today. Smith was killed but Dorsch will recover. The shooting was unin tentional according to information gathered by the military and forwarded to Ottawa tonight. The soldiers were aiding a provincal officer to arrest the men for alleged violation of the game laws. Several volleys were fired over their heads to force them to come ashore with tneir rowboat A final shot, said to have been fired for the same purpose, struck Smith between the eyes and Dorsch In the arm. While deep regret over the incident was expressed by, the Fort Erie vil lage officers, it was asserted that the men were not only technically under arrest by the game officer and were at tempting to escape, but they had violated a military order which forbade unauthorized persons to approach the international boundary line while armed. This order, it was said, was accompanied by a verbal order to the soldiers on patrol to shoot to kill if persons so armed refused to surrender promptly. Thomas W. Delaney. tne provincial officer, said the men were shooting at ducks near the head of the river. He decided to arrest them and Captain Fite, in command of tho border patrol, sent three soldiers to help him. They took- a position about 500 feet from the boat. Delaney called out to the men that they were under arrest and or dered them ashore. The soldiers fired a volley. One bullet splashed the water near the boat. 'Don't hit them." cautioned Delaney. "We'll come ashore as soon as wo pick up the decoys," shouted one of the hunters. They rowed up stream toward the decoys. Suddenly the boat headed for the American shore. "They've got away; let them go," De laney told the soldiers. "I'll give them another scare, said one of the soldiers. He raised his rifle and fired. Both hunters toppled over in tho boat, which drifted to the ferry landing. Smith was found dead. Dorsch was brought to a Buffalo hospital. His condition is not serious. J. B. Curtis, acting United States Consul at Fort-Erie, made a prelim- inary report to the State Department by telegraph tonight. An inquest will be held on Wednes day. DECREE FOR SALE IS SIGNED Assets of II. B. Claflin Company to Be Disposed Of January 14. NEW TORK, Dec 28. A decree pro- vlding for the sale on January 14 of the assets of the 11- B. Claflin Company was signed by Judge Hand in the United States District Court here to day. The assets include all property. right and interest held by John Claflin in the insolvent company. The belief prevailed in mercantile circles that the property be bought in by the Mercantile Stores Corporation, successor to the H. B. Claflin Company n the control and management of the Claflin stores throughout the country. The decree of sales is drawn so as to embrace the plan of reorganization. presented in the interest of the Mer cantile Stores Corporation. Under that plan creditors are to receive IS per cent In cash and 85 per cent in notes and stock of the reorganized company. MAN, 70, KILLS ROBBER Another Is "Wounded by Veteran of Union Army in Oivil War. ST. LOUIS. Dec 28. One robber was seriously wounded and another killed by Leonard C. Humphrey, 70 years old, a veteran of . the Union Army, whom the pair attacked in his notion store today. The men entered the store and asked permission to warm themselves. After examining the store carefully they departed. Later they returned and again sat by the stove. Humphrey became suspicious and took up his revolver. The men at tacked him, one with a hatchet taken from beside the stove. The other roan tried to choke Humphrey, who shook them off and fired. Both men ran from the store. A few feet away one fell dead. The other man ran two blocks and stumbled into a physician's office, where the police louna mm. "K. W. BAXTER" OFFERS TO CLEAR TTI CRIME OF 20 YEARS AGO. Execution of George H. Painter In 188-1 for Sweetheart's BInrder Remem bered aa Peculiarly Shocking. CHICAGO, Dec 28. That an innocent man was executed here in. 1894 when George H. Painter was hanged for the murder of Alice Martin, is the state ment made in a letter received today by Chief of Police Gleason from a per son signing himself "R. W. Baxter," of Buffalo, Sangamon County, Illinois. The writer asked that Painter's rela tives be found and promised to remove the stigma from the family. Painter's last words on the scaffold were a declaration that be was not guilty. The hanging of Painter was made unusually brutal by the breaking of the rope. He fell to the cement paving of the jail yard and had to be supported by two men while the noose' was again adjusted. Alice Martin, Painter's sweetheart was beaten to death in 1891 and Painter was arrested nine months later. After two years of fighting the prisoner was convicted and executed. On the scaffold he said: "If I killed Alice Martin, the girl I dearly loved, the woman X loved so much that I would almost commit any crime for her, I pray this minute, my last minute on earth, that the eternal God will put me into eternal hell." The condemned man raised his voice and continued: "Look here, gentlemen; if there i one man among you who is an Ameri can, I say to him on his soul on his soul, I say see that the onurderer of Alice Martin is found." The scaffold prayer was delivered by the Rev. A. P. Moerdyke, who said: "May he whom so many believe inno cent of this crime join thee in everlast ing life for the sake, O Iord. of thy Son Jesus Christ our Lord. Gleason said he would take no steps in the matter except to look for Pain ter's relatives to make known to them Baxter's request. COMMERCIAL ISSUE DUE FEDERAL PRESS WILL PRINT DAILY REPORT OF DEPARTMENT. MOTHER'S PLEA ANSWERED Mrs. Florence Davis Gets Funds to Enable Her to Join Children. BAKER, Or,. Dec 28. (Special. A mother's love impelled Mrs. Florence Davis, a week ago destitute and ad judged incapable of providing proper ly for her children, to make a strenu- I ous appeal to charitably inclined per sons in Baker" that she .might obtain funds to take her to Portland, where her four children,' of ages from 7 to 12. are at the Boys' and Girls' Aid Society. She succeeded in her quest for funds. getting enough from the charity funds of the W. C. T. TJand the Christian Church to take her to Portland. She left today. Mrs. Davis and her foirr children were removed from a brusfi hovel near Durkee a short time ago. MAYOR GIVES $10,000 BOND Terre Haute Official Released After Night on Jail Floor. INDIANAPOLIS. Dec. 28. Donn M. Roberts, Mayor of Terre Haute, who waa placed in jail here Saturday under indictment for alleged conspiracy to corrupt the election of November 3, 1914, was released late today under $10,000 bond, offered by a surety com pany. Because of the crowded condition of "Federal row" in the County Jail. Mayor Roberts last night was forced to sleep on a straw stack on the ce ment floor. Twenty-one others of those arrested have been unable to furnish bond. It is said 125 indictments in all were re turned, and other arrests were ex pected today. m V' .-rjfS r&Yji IMV'M -,-' I v V J & fcAi' r f Young Men's Suits and Overcoats at Same Reductions! All Boys' Clothing Also Reduced a a i c r.3 3 n v I H K iSringmg the Crowds A genuine sale of men's fine clothing at genuine reductions from prices already moderate. I do not quote "values;" these reductions are from regular prices. Men's $20 Suits Now $14.85 Men's $25 Suits Now $19.85 Men's $30 Suits Now $23.50 Men's $35 Suits Now $28.50 Men's $40 Suits Now $32.50 Blues and Blacks Included The Same Reductions on Overcoats Men, Main Floor Young Men, Second Floor BEN SE1 LING LEADING CLOTHIER Morrison Street at Fourth Judge J. S. Coke, of Coos, Better. MARSHFIELD, Or., Dec. 28. (Spe cial.) Judge John S. Coke, of the Coos County Circuit Court, who had been ill with a threatened attack of pneu monia, is improved slightly, but not able to resume his duties. Gambling Raid. Made at Pasco. PASCO, Wash., Dec. 28. (Special.) Walter Stevens, Chief of Police, and Harry Dent, Deputy Sheriff, raided a Greek coffee-house Saturday night and arrested several persons for gambling. Th officers effected an entrance E GZEMA Lower Road Levy Asked. ST. HELENS. Or.. Dec. 28. (Spe cial.) Petitions are in circulation at Scappoose and Warren asking the Coun ty Court to reduce the general road levy 6 mills. The petitions are to be presented at a taxpayers' meeting to be held with the County Court tomorrow. To Promote Foreign Trade la Aim of Publication That Will Supplant Consular Report. ' WASHINGON, Dec. 28. To promote the foreign commerce of tjie United States, the Government will go into the newspaper business January 2, next, when tne first issue of the Dally Com mercial Report is to be turned out by the Department of Commerce. In it will be carried all important commer cial cablegrams received from the at taches at the various embassies abroad and from consuls throughout the world. It also will contain brief abstracts of the findings of investigators of the de partment in many lines of American enterprise, and will present to the busi ness world each day the gist of the business of the Department of Com merce for the preceding day. The plan for a lively commercial daily was worked out by Dr. E. E. Pratt, chief of the bureau of foreign and domestic commerce. The new pub lication will take the place of the daily consular report, and hereafter the long mail reports from American Consuls CHILD'S BODY Began as Rash. Itched so Had to Hold His Hands While Sleeping. Clothing Irritated Trouble. Face and Scalp Covered. Cuticura Soap and Ointment Healed. 870 High St.. Oshkosh, WWIVhim about two months old my nephew bad sores break out on different parts of bis body. The trouble first began as a rash which itched so at night someone always held his hands even while Bleeping aa at the least scratching it would run 'together and form scabs. tEis night-clothes had to have mittens on them or the scabs would be raw and bleeding by morning. His clothing nr the least friction irritated the trouble. His face and acalp were covered. They called it eczema. "We tried different treatments but none cured him. At three years old w. commenced the use of Cuticura Soap and Ointment. We could see an improvement after the first month's treatment. It took nearly a year to effect a complete cure and he never had anything like it since." (Signed) Mrs. F. aeoueld. Mar. 21. 1014. Samples Free by Mail Care for your hair with Cuticura Soap and Cuticura Ointment. They keep the scalp clean and free from dandruff, allay Itching and Irritation and promote natural hair-growing conditions when all else fails. Although Cuticura Soap (25c) and Cuti cura Ointment (50c) are sold by druggists everywhere, a sample of each with 32-p. Skin Book will be sent free upon request. Addrew: "Cuticura, Dept. T, Boston." through a rear door and took the play ers unaware. The place has Deen unoer surveillance for some time. BAKER HAS SNOWFALL Fear for Winter Wheat and Spring Irrigation Xow Quieted. BAKER. Or., Dec. 28. (Special.) Snow fell in all parts of Baker County this morning. In Baker the depth was between four and five - Inches and in the mountains it was much greater. The Sumpter Valley had from three to five inches of snow and along the O.-W. R. & N. lines In the county the depth was from three inches to a mere trace. The snow relieves fears that there will not be enough water for irrigation In the Sprinpr. Some damage has been done already, it is said, to Winter wheat by the recent cold but today's Bnow Is believed to have checked this loss. BAKER GRAINS SELL HIGHER Hoggrowers Buying Barley Above Regular Quotations. BAKER. Or.. Dec. 28. (Special.) The highest price ever paid to farmers of Baker County for wheat, $1.10 a bushel, was paid today by Baker buyers. This was for bluestem. Sales of club wheat, of which there is a larger supply, were at $1.08 a bushel. All grains advanced materially in price. As much as $25 a ton was paid for barley and from $25 to $26 was offered for oats but there were virtual ly no sales of oats. Hoggrowers con tinue to buy barley above the regular market prices, thus making the market particularly firm. FIFTY EMPLOYES GUESTS Coos & Curry Telepbone Company Host and Manager Honored. MARSHFIELD. Or.. Dec. 28. (Spe cial.) The Coos & Curry Telephone Company entertained its linemen, trouble chasers and operators at a banquet and ball Saturday night. Fifty were present from Coquille, Bandon, Myrtle Point, North Bend and Marsh field. The operatives presented C. IT. Hall, general manager, with a diamond pin. Mr. Hall came here recently from Hood River and with Portland associates purchased the company. THE 0REG0NI AN ANNUAL Is Oregon s Greatest Adverti sing JSdedium In the forthcoming New Year's Edition there will be a complete re view of progress and a comprehensiVexploitation of the resources and industries of the state. - Among exclusive features will be the Panama Canal and -shipping section, comprising special articles covering subjects of compelling in terest to the manufacturer, wholesaler, exporter, farmer and mer chant; a double-page drawing of the canal; a drawing showing Port land's relative position with the'world's ports; scenes of port and har bor activity in shipping and development work. An entire section will be devoted to state development and another section to the civic, commercial and industrial progress of Portland. A handsome pictorial section showing Portland's modern business structures will be an interesting feature. Every resident of Portland, the Columbia River Basin and Oregon should secure a copy of the New Year's Edition of The Oregonian. It should be the duty of every person interested in the welfare and devel opment of the state to send a copy of this great edition to each of his friends in other states. FED oat blank form and send to Oregonian office, Sixth and Alder Sts. Name I Street I Town j State THE OREGONIAN, Portland, Oregon Gentlemen: Enclosed find , for which mail The Oregonian 'a New Year's Annual to each of the above addresses. (Enclose 10c for each name.) Sent by ; (Dnplicate blanks may be had by calling, telephoning or writing to The Oregonian Circulation Department) f